[Download] "Duke v. Housen" by Supreme Court of Wyoming # Book PDF Kindle ePub Free
eBook details
- Title: Duke v. Housen
- Author : Supreme Court of Wyoming
- Release Date : January 02, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
The majority opinion has been a confusing and difficult one for me to read because of contradictory statements, leaving me without a clear understanding as to just what is the holding of the court. I share the concern expressed in the petition for rehearing that the majority ignore two well-established rules of this court: that it will grant all favorable inferences to the appellee, and that it is not the trier of the facts. I agree with counsel that not only has the majority made such findings but that they are not supported by and in some cases in conflict with the uncontradicted evidence. These, to me, are sufficient reasons for granting a rehearing but my chief concern and principal reason for dissenting from the denial of rehearing is my belief that the principal and concurring opinion both inject a new and improper element into the creation of an actionable tort. That new element is discovery of the damage resulting from the wrongful act.